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Sentencing Act 2002

Sentencing purposes and principles, and provisions of general application - General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

15B: Limitation on sentence of home detention for person under 18 years

You could also call this:

"Young people under 18 can't get home detention for most crimes, unless it's very serious."

Illustration for Sentencing Act 2002

If you commit a crime when you are under 18 years old, a court can't sentence you to home detention for most crimes. This rule does not apply if you commit a very serious crime, like a category 4 offence, or a category 3 offence that can have a prison sentence of 14 years or more. The court will consider your age at the time the crime was committed when deciding your sentence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM135558.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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15A: Sentence of home detention, or

"Staying at home as a punishment instead of going to prison"

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"Going to prison as a punishment for doing something wrong"

Part 1Sentencing purposes and principles, and provisions of general application
General provisions about discharge without conviction, etc, and imposition of reparation, fines, community-based sentences, sentences of home detention, and imprisonment

15BLimitation on sentence of home detention for person under 18 years

  1. No court may impose a sentence of home detention on an offender in respect of a particular offence, other than a category 4 offence, or a category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years, if, at the time of the commission of the offence, the offender was under the age of 18 years.

  2. Repealed
Notes
  • Section 15B: inserted, on , by section 10 of the Sentencing Amendment Act 2007 (2007 No 27).
  • Section 15B heading: amended, on , by section 54(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
  • Section 15B(1): amended, on , by section 54(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
  • Section 15B(1): amended, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).
  • Section 15B(2): repealed, on , by section 7 of the Sentencing Amendment Act (No 2) 2011 (2011 No 93).